EFF Joins Call for FTC to Drop Its Disastrous AI Policy Proposal

The Federal Trade Commission (FTC) recently proposed a policy aimed at preventing AI systems from suppressing accuracy. This proposal has drawn criticism from the Electronic Frontier Foundation (EFF), Public Knowledge, and Fight for the Future, who urge the FTC to withdraw the misguided policy. The proposed policy is heavily influenced by the Trump administration's "Preventing Woke AI in the Federal Government" executive order, which seeks to compel AI companies to conform to ideological agendas.

The trio of organizations argue that the FTC's efforts to regulate lawful speech, override state laws, and pressure AI developers into ideological alignment with the Trump administration are unconstitutional. The proposed policy suffers from three critical flaws. First, it infringes upon the First Amendment by attempting to judge which AI outputs meet an undefined standard of accuracy, essentially acting as a prior restraint on speech.

Second, the policy attempts to preempt state laws on AI regulation, which is an overreach of the FTC's authority. Colorado's automated decisionmaking law, for example, is criticized as one that "suppresses accuracy," but the EFF clarifies that this characterization is inaccurate. Lastly, the policy is vague and sets the stage for improper influence on AI developers and companies that use AI tools, potentially leading to censorship based on partisan interpretations of bias.

Instead of focusing on this flawed proposal, the EFF and their partners implore the FTC to concentrate on its core strengths and mission—to promote market competition and protect consumers from unfair and deceptive practices—within the rapidly evolving AI industry and the broader technology marketplace.